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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
first responder flags; homeowners' associations
Purpose
Prohibits a condominium unit owners' association (COA) and a planned community association (HOA) from prohibiting the outdoor display of a first responder flag, a Blue Star Service flag or a Gold Star Service flag.
Background
A COA or HOA may not prohibit the outdoor display of the: 1) American flag or an official or replica of a flag of the U.S. Army, Navy, Air Force, Marine Corps or Coast Guard; 2) POW/MIA flag; 3) Arizona state flag; 4) Arizona Indian Nations flag; and 5) Gadsden flag. A COA or an HOA must adopt reasonable rules and regulations regarding the placement and manner of display of the: 1) American flag; 2) military flag; 3) POW/MIA flag; 4) Arizona state flag; or 5) Arizona Indian Nations flag. A COA or HOA may regulate the location and size of flagpoles, but may not prohibit the installation of a flagpole (A.R.S. §§ 33-1261 and 33-1808).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a COA or an HOA from prohibiting the outdoor display of a first responder flag, a Blue Star Service flag or a Gold Star Service flag.
2. Requires an HOA to adopt reasonable rules and regulations regarding the placement and manner of display of the Gadsden flag, first responder flag, a Blue Star Service flag or a Gold Star Service Flag.
3. Defines first responder flag as a flag that recognizes and honors the services of:
a) law enforcement and that is limited to the colors blue, black and white, prescribed words and the symbol of a generic police shield in a crest or star shape;
b) fire department and that is limited to the colors red, gold, black and white, prescribed words and the symbol of a generic Maltese cross; and
c) paramedics or emergency medical technicians and that are limited to the colors blue, black and white, prescribed words and the symbol of a generic star of life.
4. Allows a first responder flag to incorporate the design of one or two other first responder flags to form a combined flag.
5. Makes technical changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adds a Blue Star flag and a Gold Star flag to the list of flags of which a COA or an HOA may not prohibit the display.
House Action Senate Action
GE 1/26/22 DP 7-6-0-0 GOV 3/7/22 DPA 4-2-1
3rd Read 2/3/22 39-20-1
Prepared by Senate Research
March 9, 2022
MH/MF/slp